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Voters asked to clarify city charter
By DAVE SHELTON
Article published on Wednesday, Oct. 31, 2007 |
LARGO – The City Commission is asking voters in the Nov. 6 election to approve five amendments to the city charter, the document on which all city action is based, like its constitution.
The first two questions are intended to clarify two issues the city has faced during the past year: Removal of a city manager and guidance on how to ratify contracts that go beyond the city’s current fiscal year.
Question 1. City Manager
Because the charter has been amended several times, there is a question as to how many votes of the commissioners are needed to remove the manager. The question came up during the controversy over former city Manager Steve Stanton’s termination.
One city attorney said removal of the manager required only four votes to fire the manager; another city attorney said it required five votes, a “super majority.”
Voting “Yes” on the amendment will amend the charter to require five votes to fire a manager. A vote “No” will leave the existing, legally challenged wording intact in the charter.
Question 2. City Contracts
City Commissioner Mary Gray Black has repeatedly challenged action during the past year in which the commission ratified contracts that required the city to make payments beyond the current fiscal year.
Black contends the city charter requires such action to be undertaken through an ordinance, so that two public hearings are held and the contract is published in a newspaper.
City Attorney Alan Zimmet has countered that each of those contracts includes a clause making the contract void if the city doesn’t include money to fulfill the obligation in its annual budget.
Other commissioners have accepted Zimmet’s advice, noting the time and expense of adopting ordinances.
A “Yes” vote on this question will “clarify” the charter, allowing the city to ratify contracts without using an ordinance. A “No” vote would leave the question open to challenges such as Black’s.
Question 3. Election Canvassing Board
Currently, the charter requires the board that certifies election results to meet the day after the election. New state election laws extend that time to within five days after the election.
A “Yes” vote on this question will allow the city to conform with those new state election laws. A “No” vote would leave the city in a position contrary to those laws.
Question 4. Commissioners
The city charter now has newly elected commissioners sworn in one day after the election. But, if under new state election laws, the election isn’t certified on that day, there is a conflict of when the commissioner takes office.
Voting “Yes” on this question will allow the city to wait until the election has been officially certified to swear in the new commissioners. A “No” vote would leave the city in a conflict with state laws.
Question 5. Charter wording
City Attorney Alan S. Zimmet has noted that wording is vague in some parts of the city charter as to the time periods referred to in those sections.
A “Yes” vote on this question would clarify the charter saying that whenever it refers to fewer than 10 days of time, it counts only “business” days, excluding weekends and holidays. If the reference is to more than 10 days, it would mean calendar days, thereby including weekends and holidays.
A “No” vote would leave this issue legally vague in some parts of the charter.
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Article published on Wednesday, Oct. 31, 2007
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